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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are common. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party should immediately contact 911 and seek medical care. A New York car accident attorney can help victims with their legal issues following a crash. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers, passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial to understand what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain criteria. In the first place you must have been injured in a vehicle accident that occurred within the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They may also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident. After a serious car accident you could face massive medical expenses, lost wages and other expenses. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if you feel as if you're in good shape. If you're unable to return to work, no-fault will pay for 80 percent of your lost wages up to $2,000 per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, because failing to do so could result in the denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to receive damages according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident case the plaintiff's legal responsibility for the crash depends on showing two things that are causation and negligence. Negligence refers to breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly led to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income or travel expenses, caused by their injuries. Other non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party could still be able to claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance, it is important to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative fault is very important to understand when filing a claim for compensation after an accident in New York. Elizabeth injury lawsuit youtube.com will assist you to determine the extent of your own contribution to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, but the aftermath can be more difficult. Victims of injuries often confront medical bills and a loss of income from being in a position of no work in addition to their physical pain and emotional distress. Rent and other daily expenses are also a major concern. The last thing they need is to be sucked into the tactics of an insurance company that is trying to convince them to accept a low settlement offer. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance agents will employ every tactic they can to prevent you from getting the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious strategies. To save money, insurance companies will do whatever they can to delay or stall your claim. They will also try and avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even claim that the crash was the result of a prior medical condition. In some instances an insurance adjuster might arrive at an amount of settlement that appears reasonable. This is a common scam that a lot of people are enticed by. This offer is much lower than the amount you'll have to pay to cover medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to be injured while driving or riding in a person's vehicle. Some of the most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that might be responsible for your injuries and damage. They may also bring a lawsuit or claim against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict a person of this crime, a police officer must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or place others in danger. In certain instances even a minor traffic violation can be viewed as a form of reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor crime and face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this crime can result in the addition of points to your license, as well as substantial fines. This could lead to a driving's premiums rising substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of the punishment depends on a variety of factors such as the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended. A reckless driving accident attorney who has experience can determine the causes of an accident and gather evidence to prove your innocence. This could include witness statements, cellphone records to look for distracted driving, images and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest compensation for your injuries.